Many highway projects require the acquisition of property
rights for the project’s right-of-way.
Right-of-way activities may occur during any phase
of the project development process, which includes
the planning, National Environmental Policy Act,
or NEPA review,
design, right-of-way and construction program areas.
These phases often overlap, and right-of-way regulations
govern the right-of-way activities that occur in these
program areas.
Since each project is unique and laws vary from State to State,
understanding your State laws and the Federal regulations
before you start your project development process
will help to ensure a successful project.
Let’s look at the project development process to see how
right-of-way activities may be involved.
During the planning phase, an agency identifies the need
and purpose for a project and determines its feasibility.
A project’s feasibility is based on input from
transportation planners, engineers,
right-of-way specialists, environmental specialists,
and the public.
An agency must also determine what priority to give
a project and how to support it financially.
Often the project’s preliminary engineering phase
will begin before the planning phase is complete.
The NEPA process is one of the main activities of
the preliminary engineering phase to assess the project’s
environmental impacts and obtain FHWA approval
of the project’s environmental document.
To be eligible for Federal right-of-way funding, a project
must be consistent with the long-range plans that
provide a comprehensive blueprint for State
transportation needs 20 years into the future.
Depending on whether the project is located in a rural
or urban area, these long-range plans may include the
Metropolitan Transportation Plan
and Statewide Transportation Plan,
both of which prioritize projects and consider all
factors that may impact future transportation.
In addition, two short-range programs --
the Statewide Transportation Improvement Program (STIP)
and the Transportation Improvement Program (TIP),
include State projects that are expected to receive Federal
funding within the next four years.
Your agency needs to verify that your project
is included in its metropolitan area’s TIP.
The project design phase includes completing surveys,
preparing right-of-way plans or maps,
and performing cost estimates.
Once an Authorization to Proceed is given,
right-of-way activities can begin.
When the design is sufficiently complete,
an agency can appraise, negotiate, and acquire all of
the necessary properties and ensure that all
displaced landowners and tenants are appropriately relocated.
Before construction begins, the agency must secure,
clear and properly manage the acquired properties.
The agency must also issue a right-of-way certification
before construction can begin.
This certification states that all properties needed for the
construction, operation and maintenance of the project
have been acquired and that all affected or displaced persons,
businesses, and farms are relocated to safe and sanitary
facilities.
In addition, the certification verifies that the agency
complies with the Uniform Act, and all relevant
Federal regulations and State laws.
Once the State accepts the certification, the agency
can proceed to advertise the project for construction bids.
After construction, properties that are no longer needed
for the project can be offered for sale or lease
in accordance with the Federal regulations.
To see how one city works through the right-of-way
acquisition process, let’s look at an example of a city
called Smithville.
To relieve congestion of its secondary roads, the city
identified that it needed to extend a six-lane highway
from downtown to the suburbs.
In the planning phase of the project, the city assessed
the feasibility of the project, determined a
funding mechanism, and ensured that the project was consistent
with the State and metropolitan area’s transportation plans
and programs, and completed the NEPA process.
Because the project required Federal funding for the
right-of-way, the city is following Federal regulations
and State statutes.
In the design phase, Smithville completed the surveys,
prepared right-of-way plans, performed cost estimates,
and determined which properties to acquire for the project.
The city then sent a request to the State DOT to proceed.
After obtaining the authorization to proceed,
Smithville began acquiring the right-of-way properties and
relocated landowners and tenants according to Federal
and State laws and regulations.
The city managed all the acquired properties to ensure
they were safe and secure.
Before construction began, Smithville issued a right-of-way
certification verifying that all the necessary properties
for the construction, operation and maintenance
of the project were acquired, and that all affected
homeowners and businesses were relocated.
Once the State accepted the right-of-way certification
statement, the city could advertise for
construction bids for the project.
After construction of the highway extension was
complete, Smithville determined that it no longer needed
some project properties and could offer them for sale
following the Federal regulations.
We have seen that right-of-way acquisition
is a key component of project development and right-of-way
project activities may occur at any time during
the project development process.
By following all Federal and State regulations that
govern right-of-way activities, your agency can help
ensure that a project’s acquisition costs can remain
eligible for Federal funding.
The staff at your State DOT is available to provide
information about right-of-way project
development and administration, and offer guidance.